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Legal

Enterprise SLA

Service Level Agreement – Enterprise LIT Fiber Services

The following terms and conditions apply:

1. Service Monitoring

  • Customer services will be monitored for uptime, usage and stability.
  • Any detected network failure by the monitoring system will cause an automated alert to be sent to Network Operations Center (“NOC”) staff via e-mail and cell phones.  Alarms will be investigated and acknowledged by NOC staff.
  • The utilized bandwidth for all applicable network connections will be monitored using five-minute input/output averages.  Bandwidth charts will be provided to the Customer via a password protected web site with historical data for the previous day, week, month, and year.

2. Technical Support

  • Questions or issues not related to a service affecting problem can be sent to the NOC via email at the following address: support@smithville.com.
  • After receipt of the email, a NOC staff member will provide an initial response within 4 hours.
  • Any requests for changes in DNS or other network configurations need to be submitted at least 5 business days in advance.

3. Outage Reporting

  • NOC staff will be on-call 24 hours, every day, to respond to service affecting network issues.
  • Service affecting network issues should be reported to the NOC by calling (866) 268-0494 and opening a trouble ticket. The Customer will be provided a ticket number for future reference.
  • The Customer must identify the company, the name of the person at the company to be contacted, and the best phone number to reach that person.
  • Proprietary and confidential information will only be divulged to an authorized contact.
  • The Customer is responsible for maintaining contact information records with Smithville. Any modifications to the authorized contact list must be submitted to the Smithville NOC by calling (866) 268-0494. Email requests are not sufficient as the caller’s identity must be confirmed.

4. Enterprise Problem Response and Resolution; Additional Fees

  • Tier 1 Technical Support is available 24 hours per day, 7 days per week.  For an additional hourly fee which is described below, Tier 2 and Tier 3 Technical Support are available Monday – Friday (except holidays) during the hours of 8:00 a.m. EST – 5:00 p.m. EST, and may be available outside of those hours for an additional hourly fee.  Tier 2 utilizes Smithville Telecom technicians and network engineers.  Tier 3 utilizes third party vendors.
  • Upon a customer initiated outage notification, a NOC staff member will begin investigating the issue. If the issue must be escalated, a NOC staff member will respond back to the phone number provided within 1 hour.
  • After notification by the automated monitoring system, a NOC staff member will investigate the issue. Unless it occurs during a time when the Customer has requested not to be notified, the NOC will respond back to the Customer provided emergency phone number within one (1) hour.
  • As soon as the cause of the problem has been discovered, the Customer will be notified again, and, if the failure is due to a problem in the Smithville Telecom network, an estimated time for restoration of service will be provided.
  • The final notification to the customer will take place when the network service has been restored.
  • Restoration of service may require access to the Customer premises to test or replace equipment.
  • Hourly service fees will apply if Customer requests technical support beyond Tier 1 Support for an issue outside of Smithville Telecom’s network. Determination of whether the issue is outside of Smithville Telecom’s network shall be determined by Smithville Telecom in its sole but reasonable discretion. Hourly service fees for all issues outside of Smithville Telecom’s network are available online at https://www.smithville.com/legal. No hourly service fees will be charged for an issue inside of Smithville Telecom’s network.  See the following Service Schedule:

Service Schedule* for Technical Support Beyond Tier 1
(Smithville Technical Support Department)

Technical Support
Beyond Tier 1		Service
Type		Smithville Telecom
Network Issue		Customer Issue
(Outside of Smithville Telecom’s Network)
Mon. – Fri.
8 am – 5 pm (EST)		Enterprise
No charge
Hourly fee from point of escalation beyond Tier 1, including phone support. For on-site support, an additional service fee applies. Travel time for round trip is part of billable hours.
Outside of Above HoursEnterprise
No charge		Hourly fee from point of escalation beyond Tier 1 for Tier 2 or 3 phone support. For on-site support, a service fee applies covering the first 4 hours, and thereafter the hourly fee rate applies. Travel time for round trip is part of billable hours.

* Billing begins from point of escalation from Tier 1, including Tier 2 or Tier 3 support by phone or travel time.

5. Scheduled Maintenance

  • Scheduled maintenance of the network will be performed by or under the direction of Smithville Telecom and at its discretion.
  • Scheduled maintenance will be performed during established maintenance windows.  These windows occur every Tuesday – Friday from 12:01am – 4:00am.  During these windows, changes may be made that could potentially affect network services.
  • When the changes made during the maintenance window are unlikely to have any impact on Customers, no notifications will be sent in advance.  When the changes made during the maintenance window are likely to have an impact, the Customer will be notified at least 5 business days prior to the date of the window by electronic mail to the Customer provided addresses.

6. Unscheduled Maintenance

  • Unscheduled maintenance will be performed on an as needed basis after the NOC has identified a failure within the network.
  • Every attempt will be made to delay unscheduled maintenance until an established maintenance window or a time of low network activity.  However, it is possible such maintenance may need to be performed immediately.  In all cases, the Customer will be notified before and after the maintenance by electronic mail to the Customer provided addresses.

7. Guarantee of Availability and Remedies

  • Subject to the exceptions expressly set forth below, Smithville Telecom guarantees to have Smithville Telecom’s network services available at least 99.97% for Internet upstream bandwidth during any calendar month (the “Availability Guarantee”).
  • In the event that our service doesn’t meet the Availability Guarantee, the following credits will apply to your monthly rate for the month in which the service available falls below 99.97%:

Upstream Bandwidth:

>= 99.97% and <=100% 0% credit

>= 99.00 and <99.97% 5% credit

<99.00% 10% credit

  • Credit will be applied exclusively to those circuit(s) that fall below 99.97% availability in a calendar month.
  • Smithville Telecom is not liable for service disruptions, or information distribution, due to outdated contact information.
  • To receive a credit, the Customer must have reported an outage via a trouble ticket with the NOC, and the credit must be requested within 30 days of the service outage.
  • The Customer’s network shall not be considered unavailable during any period during which there are outages or failures resulting from a scheduled maintenance or resulting from occurrences outside of Smithville Telecom’s equipment and control, including, but not limited to:

a) disruptions in Internet traffic caused by companies upstream from Smithville Telecom;

b) excessively long power outages, where back-up generators or back-up power supplies fail or become inoperable;

c) disruptions caused by a failure of power or equipment provided by the Customer or any third party;

d) disruption during any period in which Smithville Telecom is not given access to the Customer’s Premises;

e) disruptions due to a Force Majeure event; and/or

f) disruptions to service caused by the Customer, tenant or any other user of the service.